Illegal Searches of Vehicles
If you have been charged with a drug crime in Massachusetts after a search of your car, you may be questioning the legality of that search. Illegal searches of vehicles are not uncommon in Massachusetts, and an experienced criminal defense lawyer like Robert J. Wheeler, Jr. can easily spot potential issues for motions to suppress evidence derived from unlawful searches.
While the general rule is that police should get a warrant before conducting a search, there are many different exceptions to the warrant requirement. Police may attempt to justify warrantless searches of cars on many different grounds. For example, police may claim that they had consent to search the car or that the search was a protective search or sweep. They may claim that the search was incident to a lawful arrest or that it was a permissible inventory search. A skilled criminal defense attorney will fully understand the complex law of search and seizure and will attempt to prevent the government from being able to use illegally seized evidence against you in court.
Even if the searched car was not yours, you can still contest the constitutional legality of the search if possession is an element of the crime for which you are charged. Here in Massachusetts, persons accused of possessory offenses have automatic standing to challenge searches or seizures, and they do not have to establish that they had a reasonable expectation of privacy in the car. Even if you are not charged with a possessory offense and you were in another person’s car, you can still challenge the search and seizure by asserting that you did have a reasonable expectation of privacy.
The legal issues associated with illegal searches and seizures are far too detailed to discuss on this website. If you feel that you may have been subjected to an illegal search or that police have violated your rights in some other way, consult with a Boston criminal attorney today.Law Office of Robert J. Wheeler, Jr. (617) 973 5858
If you would like to speak with one of Massachusetts’ most knowledgeable drug crimes attorneys, call the Law Office of Robert J. Wheeler, Jr. today or send Attorney Wheeler an e-mail. You can reach his office 24 hours a day and 7 days a week at (617) 973 5858. Robert Wheeler has been defending those accused of drug offenses and all other crimes for more than 30 years. His success rate is outstanding, and he is known for his aggressive representation. Attorney Wheeler handles all types of drug cases, including:
- Drug trafficking
- Drug distribution
- Drug conspiracy
- Drug possession
- Possession of drugs with the intent to distribute
- School zone drug violations
- Drug manufacturing
- Drug paraphernalia
- Counterfeit substances
- Drug crimes involving minors
- Knowingly being present where heroin is kept
- Drug crimes involving marijuana
- Drug crimes involving cocaine
- Drug crimes involving heroin
- Drug crimes involving Oxycontin
- Drug crimes involving ecstasy